Kochi: Kerala High Court on Monday ordered a probe by the CBI into the murder of IUML activist Ariyil Abdul Shukkoor in which CPM Kannur district secretary P. Jayarajan and Mr T.V. Rajesh MLA are accused. Abdul Shukkoor was murdered at Keezhara in Kannur in February 2012.
“If the self-proclaimed kings of a locality are permitted to rule in the matter of investigation, criminal justice will become a casualty in their hands,” Justice B. Kemal Pasha observed while directing the CBI to take over the case.
“When P. Sureshan, K. Babu, K.V. Venu and A.V. Babu, who were present at the hospital with CPM leaders P. Jayarajan and MLA T.V. Rajesh, could be arraigned as accused under section 120 B of IPC, the court is at a loss to understand why the investigating agency could not collect evidence relating to the commission or otherwise of a similar offence by the leaders,” the court observed.
“The court cannot remain a mute spectator to the intimidatory tactics being played by the political party to protect persons partaking in heinous crimes. It has to be viewed very seriously,” the court
“When the state machinery has expressed its inability to have a proper investigation in the matter, those aspects clearly prick the conscience of the court. It reflects an unfair investigation,” it observed.
The police had charged the two under Unlawful Activities Prevention Act and Section 118 (concealing design to commit offence punishable with death or imprisonment for life) of IPC.
The court was considering the petitions filed by Shukkoor’s mother Athikka for a CBI probe and another by the two leaders, the 32nd and 33rd accused respectively, challenging the government decision to issue a notification for a CBI probe.
Referring to the final report, the court observed that the way in which the investigating officer had prepared the report clearly reveal that he had laboured much to discriminate Mr Jayarajan and Mr Rajesh from the charge of criminal conspiracy.
